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2000 Supreme(SC) 1440

S.RAJENDRA BABU, SHIVARAJ V.PATIL
LAXMAN NASKAR (LIFE CONVICT) – Appellant
Versus
STATE OF W. E. – Respondent


Judgment

RAJENDRA BABU, J.- This writ petition filed under Article 32 of the Constitution seeks for the release of the petitioner who is undergoing imprisonment for life after having been convicted under Section 302 IPC read with Section 34 IPC. The claim of the petitioner is that he has undergone the following period of actual sentence and earned remissions:

_______________________________________________________________________Years Months Days

_______________________________________________________________________

(a) From 25-6-1982 to 1-5-2000 17 10 6

including undertrial period confinement 5 8 29

(b) Remissions earned or government

remissions granted up to 31-12-1999

(c) Total sentence including remissions 23 7 5

2. The petitioner also claims that under Section 61(1) of the West Bengal Correctional Services Act 32 of 1992, which on Presidential assent being given came to force with effect from 14-4-2000, he is entitled to be released inasmuch as he had served the sentence and earned remissions as detailed above and was entitled to be released as on






















































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